EPA v. WEYERHAEUSER CO.

Case summary

WEYERHAEUSER CO. HAS VIOLATED THE REGULATIONS FOR PREVEN- TION OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD), 40 CFR S52.21, WHICH ARE INCORPORATED BY REGULATION INTO THE WISCONSIN STATE IMPLEMENTATION PLAN (SIP), PURSUANT TO 40 CFR S52.21A AND S52.2570C42. THIS REFERRAL IS BASED ON DATA RECORDED DURING EMISSIONS TESTS CONDUCTED IN OCTOBER 1988, MAY AND SEPTEMBER 1989, WHICH REVEALED THAT WEYERHAEUSER HAD VIOLATED ITS PSD PERMIT LIMITS PARTICULATE MATTER AT ITS WAFERBOARD FACILITY IN MARSHFIELD, WI. WEYERHAEUSER'S MARCHFIELD FACILITY OBTAINED A PSD PERMIT FROM USEPA, PRIOR TO DELEGATION OR PERMITTING AUTHORITY TO THE STATE OF WISCONSIN. THE PSD PERMIT ESTAB- LISHED LIMITS FOR VOLATILE ORGANIC COMPOUNDS (VOCS), PM, NITROGEN OXIDE (NOX) AND CARBON MONOXIDE (CO). TESTING DATA REVEALED THAT THE FACILITY CONTINUED TO VIOLATE ITS PSD PER MIT LIMIT FOR PM FOR MORE THAN 30 DAYS. IN ADDITION, AL- THOUGH WEYERHAEUSER'S TEST RESULTS FOR NOX DEMONSTRATED COM- PLIANCE WHEN THE FACILITY USES 100 PERCENT NATURAL GAS, THE FACILITY HAS NOT YET PROVEN THAT IT CAN MAINTAIN THE PERMIT LIMIT FOR NOX UNDER CONDITIONS IN WHICH IT WOULD BURN WOOD FUEL. REGION V SEEKS TO REQUIRE WEYERHAEUSER; 1) TO INSTALL THE APPROPRIATE CONTROL TECHNOLOGY IN ORDER TO ACHIEVE AND MAINTAIN COMPLIANCE AT THE MARCHFIELD FACILITY; AND 2) TO PAY A CIVIL PENALTY OF AT LEAST $535,000. A NOTICE OF VIOLATION ( NOV ) WAS ISSUED TO WEYERHAEUSER ON MARCH 29, 1989. A CONF. WAS HELD WITH WEYERHAEUSER AT USEPA, REGION V, ON APRIL 19, 1989, TO DISCUSS THE NOV. AT THAT TIME WEYERHAEUSER AGREED TO ADDITIONAL STACK TESTING AT ITS MARSHFIELD FACILITY. THOSE TESTS WERE CONDUCTED IN MAY AND SEPT. 1989.

Defendants (1)

• WEYERHAEUSER CO.Named in complaintNamed in settlement

Facilities (1)

• MARSHFIELD DOORSYSTEMS INCORPORATED

  1401 EAST 4TH STREET, MARSHFIELD, WI, 54449

  Registry ID: 110000422007

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• WEYERHAEUSER COMPANYentered 1991-07-08

  Primary law: CAA

  Federal penalty: $500,000

Timeline (7 milestones)

• 1989-09-25Enforcement Action Data Entered
• 1989-12-26Referred To Dept Of Justice
• 1990-05-31Complaint Filed With Court
• 1991-07-08Final Order Lodged
• 1991-07-08Final Order Entered
• 1991-07-08Concluded
• 1995-07-24Enforcement Action Closed